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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state <br />civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of <br />the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development <br />Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with <br />Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with <br />Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will <br />not discriminate against any employee or applicant for employment because of race, color, creed, <br />religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or <br />status with regard to public assistance. The Contractor will take affirmative action to insure that <br />all employment practices are free from such discrimination. Such employment practices include <br />but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or <br />recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and <br />selection for training, including apprenticeship. The Contractor agrees to post in conspicuous <br />places, available to employees and applicants for employment, notices to be provided by the City <br />setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply <br />with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation <br />Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any <br />Federally assisted program. <br />15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by <br />the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by <br />Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by <br />reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. <br />The Contractor covenants that it presently has no interest and shall not acquire any interest, directly <br />or indirectly which could conflict in any manner or degree with the performance of the Services. <br />The Contractor further covenants that in the performance of this Agreement, no person having any <br />such interest shall knowingly be employed by the Contractor. The Contractor guarantees that <br />he/she has not offered or given to any member of, delegate to the Congress of the United States, <br />any or part of this contract or to any benefit arising therefrom. <br />16. AVAILABILITY OF FUNDS. This Agreement is executor only to the extent of City <br />funds approved and appropriated for this specific purpose by the City Commission. This <br />Agreement shall be subject annually to the availability and appropriation of funds. If the City <br />should not appropriate or otherwise make available funds sufficient to procure Services pursuant <br />to this Agreement, during the initial term or any optional renewal term, the City may unilaterally <br />terminate any and all contractual or other obligations herein without any further liability or penalty <br />upon twenty (20) days written notice to Contractor. Any obligation for payment under this <br />Agreement shall be made solely from appropriated funds. The City shall have no legal or equitable <br />obligation to approve any funds in the future and in the event of the City's decision not to approve <br />and appropriate any additional funds the City shall have no further liability to Contractor. <br />17. PUBLIC ENTITY CRIMES. Contractor on its behalf and its affiliates agrees and affirms <br />that it has not been placed on the convicted vendor list following a conviction of a public entity <br />crime as provided for in Section 287.133(2)(a), Florida Statutes, which states that a person or <br />2021-6399 - PAYBYPHONE TECHNOLOGIES, INC. 6 <br />